Chenna Appa Rao v. Chenna Pothuraju

THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2296 OF 2011 ORDER: The petitioners’ suit being O.S.No.799 of 2004 on the file of the Court of the I Additional Junior Civil Judge, Rajahmundry for partition of the suit schedule property admeasuring 150 square yards was dismissed. He then filed A.S.No.201 of 2009 on the file of the Family Court-cum- Additional District Judge, Rajahmundry. He filed I.A.No.202 of 2011 under Order XLI Rule 27 of Code of Civil Procedure, 1908 (CPC) to permit to adduce additional evidence. By impugned order, dated 07.04.2011, the first appellate Court dismissed the same. Aggrieved by which, the present revision petition is filed. This Court ordered notice. After receiving notice, the respondents are represented by their counsel Sri B.V.Madhava Reddy. This Court heard counsel for opposite parties. The only ground urged is that the dismissal of the application under Order XLI Rule 27 of CPC by separate order is erroneous and contrary to the law laid down by the Supreme Court in State of Rajasthan v T.N.Sahani[1]. Therein referring K.Venkataramiah v Seetharama Reddy[2], the Supreme Court held that an application seeking permission to adduce additional evidence need to be looked into along with the main appeal and that the same cannot be considered separately. The legal position is not seriously disputed. In the result, for the above brief reasons, the civil revision petition is allowed. The impugned order of the Family Court-cum- Additional District Judge, Rajahmundry, is set aside and the I.A., shall stand remitted to the said Court for being considered along with A.S.No.201 of 2009. The appellate Court is directed to dispose of the appeal within a period of two months from the date of receipt of copy of this order. No costs. _______________

(V.V.S.RAO, J)

04.11.2011 Pln